WASHINGTON, D.C. – U.S. Senator Deb Fischer (R-Neb.), a member of the Senate Agriculture Committee, led a letter with 7 of her Senate Republican colleagues to Environmental Protection Agency Administrator Michael S. Regan urging the agency to ensure that very small and small meat and poultry processing facilities are fairly considered under proposed revisions to the Meat and Poultry Products (MPP) Effluent Guidelines and Standards.

“As you know, small to mid-sized meat and poultry processing facilities have a vital role in the economy. This was proven throughout the COVID-19 pandemic when these facilities remained open while large facilities were closed. Additionally, many federal resources have been used to expand meatpacking capacity, so we need to ensure that these very small and small facilities do not face regulations that will force them to close,” wrote the Senators.

In their letter, the Senators asked Administrator Regan to explain what testing and data has been collected from very small and small processing facilities. The Senators also called on the EPA to outline the number of small processing facilities with which it has engaged while drafting its proposed revisions.

“As EPA seeks to update Meat and Poultry Products (MPP) wastewater regulations, we strongly encourage you to work with very small and small meat and poultry processing facilities to certify that any new regulations are practical, science-based, and don’t create an unnecessary burden for the continued operations of these facilities,” the Senators concluded.

In addition to Senator Fischer, the letter was signed by U.S. Senators Cynthia Lummis (R-Wyo.), Pete Ricketts (R-Neb.), Joni Ernst (R-Iowa), Mike Crapo (R-Idaho), James Risch (R-Idaho), John Barrasso (R-Wyo.), and Mike Braun (R-Ind.).

"We are happy for the support of Senator Fischer as we await the new proposed rule from EPA on wastewater. From the information we have seen from EPA, the proposed rule could have a major impact on the meat industry and especially small processors who offer vital services to farmers and consumers in rural communities across the country," said Chris Young, Executive Director at American Association of Meat Processors.

Background:

On September 14, 2021, the EPA announced the Preliminary Effluent Guidelines Program Plan 15 (Plan 15). The plan stated that the EPA would complete a detailed study on the MPP category and revise existing discharge standards for the industry. The EPA intends to publish a notice of proposed rulemaking by December 2023 and publish a final rule by August 2025.

Senator Fischer’s letter specifically asks the EPA to outline its work with small processors while drafting the proposed rulemaking. The letter also requests that the agency explains how much wastewater testing and data has been collected from small processors to understand the amount of nutrient concentration these facilities produce. Small processing facilities have expressed concerns that complying with burdensome mandates could be extremely costly and drive some companies out of business. 

The Senators sent their letter ahead of December 2023, the EPA’s intended date to publish the proposed rule.

Read the full letter here or below.

The Honorable Michael S. Regan
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W., Mail Code 1101A
Washington, D.C.  20460

Dear Administrator Regan:

We write to encourage the Environmental Protection Agency (EPA) to ensure very small and small meat and poultry processing facilities are highly considered while working on the proposed revisions to the Meat and Poultry Products (MPP) Effluent Guidelines and Standards. 

On September 14, 2021, the EPA published the Preliminary Effluent Guidelines Program Plan 15 (Plan 15). Plan 15 announced that the EPA will be completing a detailed study on the MPP category and revising existing wastewater discharge standards. The agency intends to publish a proposed rulemaking by December 2023. 

As EPA is developing the proposed rule, we ask EPA to respond to the following questions:

• How many very small and small processing facilities has the agency worked with while drafting the upcoming proposed rulemaking?
• What testing and data does EPA have from very small and small processing facilities?
• Has the EPA performed a cost analysis for very small and small processing facilities to update wastewater systems and remain compliant? What is the average capital investment for these processors?
• Has EPA considered changing the definition of “small processing facilities” from an establishment with less than 1,000 employees to an establishment with less than 200 employees?
• Has the agency considered exempting very small and small processors from the proposed updates?